Tri-State Employment Services, Inc. v. The Mountbatten Surety Company, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a “[d]efendant [who] failed to raise any venue challenge in a pre-answer motion or responsive pleading . . . is deemed to have waived any objection to venue”
• observing that a defendant who “fail[s] to raise [a] venue challenge in a pre-answer motion or responsive pleading . . . is deemed to have waived any objection to venue”
• “[A] surety bond attaches to the principal con tract and must be construed in conjunction with it.”
• ʺ[V]enue was (and remains) a privilege personal to each defendant, which . . . is waived by him unless timely objection is interposed.ʺ (internal quotation marks omitted)
• “[B]ecause defendant failed to raise any venue challenge in a pre-answer motion or responsive pleading, see [Rule] 12(h)(1)(B), defendant is deemed to have waived any objection to venue.”
• “[TJhe filing of an amended complaint will not revive the right to present by motion defenses that were available but were not asserted in timely 3 || fashion prior to the amendment of the pleading.”

Source: CourtListener parenthetical corpus (CC0).